30Dec

Coerced Confessions

By:jpseo

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Has the confession been coerced?

Friendship
If there are any false threats to the family or friends of a suspect that would mean losing children or receiving additional charges if there is no confession could be invalidated. If there is a friendship between the person arrested and the officer, then the confession could be deemed as one that has been coerced as there was a relationship between the two.

If there is an unsolicited confession, then it will almost always be considered voluntary. This is regardless to the mental state of the defendant in most cases. The interrogation techniques need to be examined in situations like this to ensure that there has not been any kind of threat.

There are a few things that don’t invalidate a confession:
Threatening to alert the prosecution, any promise of cooperation or lies about the evidence against a defendant.

If there is a suspicion that the officer has fabricated evidence, then this could result in the confession being deemed inadmissible.

There is a standard of proof that the prosecution has to display before a case is even heard. The court may not determine the admissibility of a confession simply based on whether it’s true or not.

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Joseph Hawkins Low IV is a national trial lawyer and trial consultant committed to protecting victims’ rights. His law firm, serving the people of Orange County, Los Angeles, Ventura, Riverside, San Bernardino, San Francisco, Sacramento and San Diego Counties in California, handles all criminal defense and military law/court martial matters